Moral, legal have different meanings

(November 20, 2020)

I’ve not been impressed by some of the recent antics of politicians. Instead of just fuming about their behaviour (and to help lower my blood pressure), I reflected on the tangled relationship between law and morality:

First, illegal doesn’t necessarily mean immoral. In fact, laws often lag behind morality by at least a generation — which means, of course, that there is at least one generation of injustice before the laws begin to catch up.

But things can change, and quickly. Once again, cannabis stores are on the list of essential services exempted from lockdown. My classmates perpetually dodged the drug police, fearing one arrest for marijuana possession would close the door on future careers. From prohibited to essential in one election cycle — makes your head spin, right?

There are many other examples. I also grew up being smothered by cigarette smokers, everywhere. If I had protested too vigorously, I would have been arrested for causing a public disturbance. Yet smokers are now banished outdoors to the circle of shame.

Laws work when they reflect the better (moral) angels of our nature — or, at least, those of the majority. Half-hearted legislation, however, means that our moral consensus needs improvement — which is why, despite changes over the years, laws against drunk driving are still weak, enforcement is erratic and punishments meagre — and why I still overhear people saying “I drive better when I’m drunk.”

The problem, of course, is that laws by themselves can’t create morality, though some governments seem compelled to try. Pierre Trudeau’s famous line “There’s no place for the state in the bedrooms of the nation” eventually led to changes in Canadian law on issues such as same-sex marriage. Yet too many other governments worldwide have done the opposite and tried legally to entrench discrimination on the basis of orientation, gender or race.

These efforts may be legal, but they are certainly immoral — and they won’t work. You can pass laws and publish decrees against the tide, but the water still comes rushing in, regardless.

Second, legal doesn’t necessarily mean moral, either. Laws, at all levels, too often reflect the power of those in control, not the moral consensus of a good society. This is why, in our collective history, slavery, apartheid, anti-Semitism, residential schools, and even genocide were sanctioned by the law, despite their obvious immorality. Overcoming injustice meant overturning the law, which is not easily done.

To be fair, however, it is not impossible for laws eventually to direct social change for the better. Sixty years ago, because the law changed and was enforced, a Black first-grade student walked by herself to a white school. Ruby Bridges must have relished the moment Kamala Harris became vice-president-elect, watching as a wave of first-time Black voters made the difference in Georgia, Pennsylvania, Nevada, Arizona and elsewhere.

Yet it took 160 years after the battles of the U.S. Civil War for this to happen, because the United States still remains divided and unconvinced about the immorality of systemic racism.

All of these thoughts then brought me back to those recent antics of politicians:

Soon-to-be-former U.S. President Donald Trump’s post-election Twittering might be legal, but his refusal to concede and to enable a smooth transition to president-elect Joe Biden is certainly immoral. The subsequent spineless behaviour of many Republican congressional leaders in support of Trump’s delusions is an even bigger moral disgrace. Instead of capitalizing on the largest voter turnout in American history, the future of the nation’s democracy (and the country itself) is now more at risk than ever, as a result.

In Canada, the inept wrangling of opposition parties organizing their own twisted version of WE Day in Ottawa is matched to the pandemic opportunism of a Liberal government that continues to prefer pipelines over people, planet or profit. We can’t wait for another generation of injustice to roll by before the laws eventually reflect respect for the land, for the water, and for future Canadians.

We don’t have the money to waste on pipelines no one wants, to carry fossil fuels no one wants to buy, to guarantee a future in which no one is able to live. (Worst of all, in Alberta, and soon in Manitoba, anyone who protests against this fundamental immorality could be thrown in jail.)

Here, Premier Brian Pallister’s government persists with an ideological agenda — in the midst of a pandemic — that aims to slash essential services, undermine education at all levels, dismantle public utilities, abandon small business, ignore farmers, dismiss the youth, privatize public parks, antagonize public servants, fumble public health, erode public trust, and then will just wring its hands when the wheels start to come off.

Is it all legal? Absolutely. Is it moral? Not a chance. Is it just the premier? Or is it the Progressive Conservative Party, too?

The jury’s still out on that one.

Read More